Liz Lambert

Lawyer & President Number 8 Workers Union of New Zealand Inc
Here are some notable New Zealand cases where medical professionals failed to ensure informed consent:
  1. Hawkins v. Clayton (1988): The Court of Appeal ruled that a doctor's failure to disclose risks associated with a procedure breached the patient's right to informed consent.
  2. Smith v. Auckland Hospital Board (1965): The Court held that a doctor's failure to obtain consent for a sterilization procedure during a cesarean section was unlawful.
  3. Attorney-General v. Family Planning Board (1986): The Court of Appeal clarified that patients must be fully informed about the risks and benefits of medical procedures, including abortion.
  4. Shortland v. Northland Health Ltd. (2018): The High Court found that a hospital breached its duty of care by failing to obtain informed consent for a surgical procedure.
  5. Simpson v. Waitemata District Health Board (2018): The Court of Appeal upheld a ruling that a patient's consent for surgery was invalid due to inadequate disclosure of risks.

These cases highlight the importance of informed consent in New Zealand's healthcare system.

For more information:
- New Zealand Judiciary website (www.courtsofnz.govt.nz)
- New Zealand Law Reports (NZLR)
- Legal databases (e.g., LexisNexis, Westlaw)

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